Expulsion Of A Blind Person Solely On The Grounds Of Disability Violative Of PWD Rights: Calcutta HC

OVERVIEW 

The Calcutta High Court dismissed an order removing a blind professor from the post of Head of the Bengali Department by the Haringhata Mahavidyalaya, mainly on the grounds of his physical disability.

The single-judge bench of Justice Ravi Krishan Kapur stated that the memo issued for the removal of the petitioner was in direct violation and contravention of the provisions of the Rights of Person with Disabilities Act, 2016.

FURTHER DETAILS

Section 20 of the said act provide that ‘no government establishment shall discriminate against any person with disability in any manner relating to employment’ and ever government establishment is to provide reasonable accommodation and appropriate barrier-free and conducive environment to employees with disabilities.

The petitioner. Dr. Shishir Kumar Biswas, quoting section 20 of the PwD Act, alleged in his submission that the memo in question is violative of his constitutional rights. He also contended that the memo is also violative of the principles of natural justice and that the actions of the respondent authorities are questionable and discriminatory.

The bench, observing that there is no record to support the alleged actions undertaken by the Managing Committee of the college, dismissed the impugned memo.

“On a perusal of the impugned memo it is evident that save and except physical disability on the ground of eye blindness, there is no other ground alleged in the impugned memo whereby the petitioner has been removed as Departmental Head from the Department of Bengali in the concerned college. I find that impugned memo is also in direct violation and contravention of the three provisions of the Rights of Persons with Disabilities Act, 2016, and particularly violative of the provisions of section 20 of the said Act.”

CONCLUSION 

The Court, based on the established facts, set aside the impugned memo and insisted that the respondent-authorities take appropriate actions as per the law.

WHAT ARE YOUR VIEWS REGARDING THE MEMO ISSUES BY THE COLLEGE AUTHORITIES? LET US KNOW IN THE COMMENTS BELOW!